Case Law Update – Vicarious Liability – CCIG Investments Pty Limited v Schokman [2023] HCA 21  

In the matter of CCIG Investments Pty Limited v Schokman [2023] HCA 21, the plaintiff, Mr Aaron Shane Schokman, sought damages from the defendant, CCIG Investments Pty Limited, as a result of injuries sustained in the course of the plaintiff’s employment as a food and beverage supervisor at Daydream Island Resort and Spa.  

In 2016, the plaintiff commenced employment with the defendant at a resort in the Whitsunday Islands off the coast of Queensland, Daydream Island Resort and Spa. It was a requirement of his employment that he live on the island in furnished, shared accommodation. The plaintiff shared his room with another employee, Mr Hewett. In the early morning of 7 November 2016, Mr Hewett returned to the shared accommodation in an intoxicated state from the staff bar. Around 3.30am, the plaintiff was woken in a distressed condition and unable to breathe as Mr Hewett was urinating on him. The plaintiff suffered a cataplectic attack as a result of the incident, which was described as a sudden and ordinarily brief loss of voluntary muscle tone triggered by emotional distress. The plaintiff brought proceedings against the defendant, relevantly claiming that the defendant was vicariously liable as an employer for the negligent act of Mr Hewett because that act was done in the course or scope of his employment.